Brill v. Estate of Ide
Wisconsin Supreme Court
APPEAL from the Circuit Court for Portage County. The will of Spencer Ide having been duly admitted to probate, and letters testamentary having been issued’ to G. ~W. Coxbead, the county court, on May 5, 1887, ordered that six months from and after that date be allowed and limited to creditors to present their claims against said deceased for examination and allowance, and “that notice of the time and place when and where said court will receive, examine, and adjust such…
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APPEAL from the Circuit Court for Portage County. The will of Spencer Ide having been duly admitted to probate, and letters testamentary having been issued’ to G. ~W. Coxbead, the county court, on May 5, 1887, ordered that six months from and after that date be allowed and limited to creditors to present their claims against said deceased for examination and allowance, and “that notice of the time and place when and where said court will receive, examine, and adjust such claims, be given by publishing the same for four successive weeks,” etc. In pursuance of said order a notice was published,…
1Opinion of the CourtCole, C. J.
This court has frequently held that, to bar a claim against an estate, the provisions of a statute upon the subject must be substantially complied with. In this case the county court, upon the application of the executor, made an order on the 5th day of May, 1887, requiring creditors to present their claims and demands to the court for examination and allowance within six months from that. date. Rut the order did not appoint or designate any *115time and place when and where the court would receive, examine, and adjust such claims, as is required by sec. 3839, R. S. That section expressly…
2Cases cited2 opinions
- Large v. LargeWisconsin Supreme Court · 1871
- Ashley v. EggersWisconsin Supreme Court · 1884
3Cited by5 opinions
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